The Connection And Improvement Between Intellectual Property Rights And TRIPS Protocol In Our Country

In the legal system for international protection of intellectual property , TRIPS(Agreement on Trade-related Aspects of Intellectual Property Rights) plays a leading role. and have become an important milestone in the process of internationalization for the protection of intellectual property , To meet requirements for China's entry into the WTO. ,We must act in line with the TRIPS on Aspects of intellectual property rights protection laws and regulations. But the current level of intellectual property rights protection remains a considerable debate among the scholars. This article from the China-related aspects of intellectual property protection laws and regulations to start, compared to the relevant provisions of TRIPS agreement, in-depth analysis of the current intellectual property protection in the gaps and put forward legislative proposals with a view to the protection of our intellectual property rights have benefits. This article is divided into three chapters.Chapterâ… of the TRIPS agreement the background. In the TRIPS Agreement shall not become effective until the International Convention on the traditional And agreements within a certain scope of application for international protection of intellectual property rights has been the foundation stone, but, in the past, the Convention does not develop a relatively complete IPR protection, international standards, and a number of treaties between the sometimes conflicting. For the maintenance of self-interest to developed countries represented by the United States attempts to revise the existing international conventions, in order to improve international protection of intellectual property standards, but this was strongly resisted in developing countries. In the Uruguay Round negotiations, World Trade Organization to merchandise trade in services and intellectual property bundled trade, developing countries eventually changed its position and finally signed the TRIPS agreement.Chapterâ…¡of the status quo of China's intellectual property system and development trends. This chapter is divided into three sections: Section I, "the status quo of China's intellectual property system," focuses on China's existing intellectual property laws and regulations of the formulation and revision; II, "Chinese scholars about China's current level of protection of intellectual property rights debate ", from the scholars of China's current level of intellectual property protection of the root causes of the dispute, the argument through the analysis to determine the current level of intellectual property protection; III," China's development trend of the intellectual property system, "described the TRIPS Agreement for the International trade, protection of intellectual property rights to establish a series of new standards and systems, and with trade in goods and services together constitute the Agreement of the World Trade Organization's three pillars. Therefore, China should be based on the TRIPS Agreement, as soon as possible to improve China's IPR laws and regulations, so that China's intellectual property protection to a higher level.The third chapter related intellectual property rights potency, scope and use standard, to the intellectual property rights related object "the copyright", "the trademark", "the geography symbolized that", "the patent" and "had not disclosed the information" has made specifically the careful contrastive analysis.The fourth chapter the intellectual property rights law enforcement, through "the total duty which" stipulated to the TRIPS agreement, "civil with the administrative procedure and the relief, "the temporary measure" and "the penal procedure" carries on the analysis, proves our country related laws and regulations the deficiency, and puts forward the legislative proposal.